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The District Court for the Western District of New York has accepted a guilty plea by Mr. Mufid Elfgeeh and subsequently sentenced him to 22.5 years’ imprisonment for his role in encouraging support for IS, recruiting individuals to fight in Syria and providing financial assistance to those attempting to fight for the terrorist group. Mr. Elfgeeh pleaded guilty to part of the original charges laid against him on 17 December 2015 following his arrest in May 2014. The court records demonstrate that Mr. Elfgeeh had been trying to recruit FBI informants and that his activities had been monitored for a significant period of time prior to his arrest. 

In April 2016, Mr. Junead Khan was convicted by a jury verdict of attempting to travel to join terrorist organisation ISIL in Syria and of plotting to attack US personnel on military bases in the UK. The evidence showed that Mr. Khan had obtained bomb making instructions, a manual on life in ISIL and that he was attempting to acquire a marine combat knife. He had also been in contact with a jihadi fighter in Syria who offered him the addresses of soldiers to attack. He was convicted with his uncle, Shazib Khan, and was sentenced in May 2016 to life imprisonment. 

In June 1944, German occupation forces in Greece massacred more than 300 inhabitants of the village of Distomo and burnt the village to the ground, as reprisal for a partisan attack on German troops. In 1995, proceedings against Germany were instituted before the Greek courts, by over 250 relatives of the victims of the massacre, claiming compensation for loss of life and property. The Court of Livadia, Greece, held Germany liable and ordered it to pay compensation to the claimants. Germany appealed to the Greek Supreme Court, on the ground that it was immune from the jurisdiction of the Greek courts, on the basis of state immunity.

The Greek Supreme Court dismissed the appeal and rejected Germany’s claim of jurisdictional immunity. The Court denied German immunity applying Article 11 of the European Convention on State Immunity, considered to correspond to customary international law. Moreover, the Court held that violation of peremptory norms would have the legal effect of implicitly waiving the jurisdictional immunity. It reasoned that torts in breach of rules of peremptory international law cannot be claimed to be acts jure imperii, concluding that Germany, by breaching jus cogens, had implicitly waived its immunity.

Hissène Habré was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, through its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)), caused the deaths of tens of thousands of individuals. Residing in exile in Senegal, he was unsuccessfully brought before the Senegalese courts in 2000-2001 at which time the Supreme Court of Senegal confirmed that it did not have jurisdiction to hear the case as the acts allegedly committed by Habré were not criminalised under domestic law. In response to an African Union mandate to prosecute Habré, Senegal amended its legislation to provide for universal jurisdiction over crimes against humanity and acts of torture committed by foreign nationals outside of Senegalese territory.

Habré brought a complaint against Senegal before the Court of Justice of the Economic Community of States of West Africa alleging that the new legislation breached his human rights, including the principle of non-retroactivity of the criminal law. The Court held, in a decision that has been criticised for lack of legal basis, that Senegal would violate the principle of non-retroactivity if its tried Habré in its domestic courts. Instead, international custom mandates that Senegal establish a special tribunal to try and prosecute Habté.